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A. The permittee shall perform the work in a timely manner, in accordance with approved plans, specifications and city standards; and to the satisfaction of the city engineer.
B. No person shall cause any public improvement or appurtenant work to be performed upon any public place within the city by any person other than a licensed contractor or a public utility.
C. Any works conducted requiring the temporary, partial or full closure of the traveled or pedestrian right-of-way shall not be commenced until the permittee has submitted and obtained city approval of a work area traffic control plan stipulating the date, time and provisions under which closure may be carried out.
D. All streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work on a daily basis. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours after having been notified, the work may be done by the city and the cost thereof assessed against the permittee's maintenance deposit and/or performance bond. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the city engineer.
E. All work affecting public improvements or public safety shall be inspected by the city engineer as follows:
1. No person shall prevent or obstruct the city engineer in making any inspection authorized by this chapter or in taking any sample or in making any test;
2. All work not in conformance with approved plans and specifications is subject to rejection by the city engineer.
(Ord. 264 § 1 (part), 2002)
A. The city engineer may deny the issuance of a encroachment permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the city for past permit violations or who in the judgment of the city engineer has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety.
B. The city engineer may deny the issuance of an encroachment permit to any person who refuses to execute the encroachment permit.
C. Any permittee found in violation of the conditions of an encroachment permit or the provisions of this chapter shall be given a written notice to comply stipulating the code violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been implemented, the city engineer may revoke the encroachment permit and take any measures required to secure the work site or return the work site to its original condition. The cost of such work may be collected through assessment against the permittee's maintenance deposit and/or performance bond with any additional funds required collected from the permittee.
(Ord. 264 § 1 (part), 2002)
The administrative authority shall collect a permit fee and deposits to cover the cost incurred by the city. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans for compliance with the ordinance codified in this chapter and other ordinances, facility indicator costs, field inspections conducted to insure compliance with the terms and conditions under which the encroachment permit was issued and any other expense that is reasonably related to the additional cost that the city may incur as the direct result of the application or as allowed under law. Fee/deposit schedules shall be established by resolution of the city council.
(Ord. 264 § 1 (part), 2002)
A. As a condition of issuance of an encroachment permit, the city engineer may require posting of a maintenance deposit and/or performance bond or an equivalent security in a form acceptable to the city attorney. The city engineer may require that up to one hundred percent of any deposit be submitted in the form of a cash deposit. The cash deposit may be used at the discretion of the city engineer to provide for traffic-control, restoration of public facilities or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely manner to provide for the public health, safety or welfare. The maintenance deposit and/or performance bond shall otherwise be for the purpose of guaranteeing performance of work contemplated under the permit.
B. The amount and nature of the deposit shall be established by the city engineer based on the size, duration, and/or nature of the encroachment.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to the permittee and any other bonds or security instruments shall be released upon written request to the chief public works inspector. Securities shall be processed for release no sooner than thirty (30) days after the city deems project complete.
D. If any deposit or security is not sufficient for the protection of the public interest in the public places, the city engineer may require an additional deposit or an increase in the security in such amount as he or she determines necessary. The permittee shall, upon demand, deposit the additional cash or security.
Upon failure or refusal to pay, the city engineer may revoke the permit, issue a "Stop Work Notice" and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee.
E. Where work is to be done by persons or utilities operating under a franchise issued by the city or regulated by the state Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be liable for the actual cost of any work to be done by the city in restoring the area covered by the permit to the satisfaction of the city engineer.
(Ord. 264 § 1 (part), 2002)
When any encroachment authorized hereunder is found to be in conflict with the use of public property or existing or proposed facilities owned, maintained, or operated by the city, such encroachment shall, upon written notice by the city, be relocated in such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. If the permittee fails to comply with said written notice within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee.
(Ord. 264 § 1 (part), 2002)
A. Work Area Traffic Control Plan. When the proposed work, emergency or scheduled, causes an impact to existing traffic operations, the applicant shall submit a "Work Area Traffic Control Plan" for review by the city engineer. (Note: Per the recommendation of the city engineer, additional plans may be required.)
B. For emergency purposes, the city will allow work to proceed while the "Work Area Traffic Control Plan" is being reviewed. If the plan is found insufficient, a "Stop Work Notice" will be issued and in effect until such time that an acceptable plan is submitted.
C. It shall be the duty of every person undertaking any encroachment, to place and maintain barriers and warning devices necessary for safety of the general public and to comply with the provisions of the conditions of the encroachment permit.
D. For excavations over five feet in depth, blasting operations, and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by state or federal safety regulations.
E. Barriers, signs, lights, etc., shall conform to the requirements of the Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways, issued by the state of California Department of Transportation, and to any additional requirements specified by the administrative authority.
F. Permittee shall take appropriate measures to assure that during the performance of construction work on streets, traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Permittee shall conform to the requirements of the standard construction specifications.
G. When traffic conditions permit, the administrative authority may by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him or her. The written approval of the administrative authority may require that the permittee provide approved detours and give notification to various public agencies and to the general public. In such cases, the written approval shall not be valid until notice is given.
(Ord. 264 § 1 (part), 2002)
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